IN THE HIGH COURT OF GUJARAT AT AHMEDABAD R/FIRST APPEAL NO. 2131 of 2015 FOR APPROVAL AND SIGNATURE:

HONOURABLE MR.JUSTICE MOOL CHAND TYAGI ==========================================================

Approved for Reporting Yes No ==========================================================

SHILPABEN NARSHIBHAI SOLANKI & ORS.

Versus SAMIRBHAI KADARBHAI RINDBLOCH & ORS.

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Appearance:

MR. HEMAL SHAH(6960) for the Appellant(s) No. 1,2,3,4,5 MR NIKUNT K RAVAL(5558) for the Defendant(s) No. 4 MR R G DWIVEDI(6601) for the Defendant(s) No. 2 RULE SERVED for the Defendant(s) No. 1,3 ==========================================================

CORAM:HONOURABLE MR.JUSTICE MOOL CHAND TYAGI Date : 18/11/2025

ORAL JUDGMENT

1. The captioned appeal is filed against the impugned judgment and award dated 22.08.2015 passed by the learned Motor Accident Claims Tribunal, at Rajula in MACP No.767/2011, whereby the learned Tribunal has awarded a sum of Rs.2,89,660/- as a compensation along with interest at the rate of 9% per annum from the date of filing of claim petition till its realization.

2. The succinct facts leading to file the captioned appeal are that on 25.04.2010, the deceased and his friend Dineshbhai were going for filling the diesel in Bolero Jeep owned by respondent no.3 herein at the petrol pump situated at Rajula-Ningala Road and after getting filled the diesel, when they were returning back, in the meantime, a truck bearing registration no.GJ-8-U-1017 came at excessive speed and in rash and negligent manner so as to endanger human life and dashed with the Bolero Jeep. At the time of accident, the truck was being driven by the driver of respondent no.1 and the Bolero Jeep was being driven by the deceased-Narshibhai Rudabhai Solanki. In the said accident, the deceased sustained grievous injuries and succumbed to the injuries. It is also the case of the claimants before the learned Tribunal that the accident occurred owing to the sole negligence of the driver of respondent no.1.

3. On being served with the notices of the claim petition, the insurance company of the truck bearing registration no. GJ-8-U-1017 i.e. the respondent no.2 herein filed the written statement at Exh.22, thereby denying the averments made in the claim petition and prayed for dismissal of the claim petition on the ground that the deceased himself was negligent for causing the accident. It was also contended that the deceased was not holding the valid driving licence to drive the vehicle in question at the time of accident. The respondent no.3/owner of the Bolero Jeep had also appeared before the learned Tribunal and filed the written statement at Exh.16, thereby submitting that the accident occurred owing to the sole negligence on the part of driver of the truck of respondent no.1. The respondent no.4/insurance company had also filed the written statement at Exh.36 and thereby denying the contentions raised in the claim petition and prayed for dismissal of the claim petition.

4. Having considered the pleadings of the parties, the learned Tribunal framed the following issues at Exh.25:-

(1) Whether the applicants prove that deceased received injuries and died as a result of rash and negligent driving of the driver of the vehicle involved in the accident as alleged?

(2) Whether the applicant is entitled to get the compensation amount?

If yes, how much amount and from whom?

(3) What order and award?

5. Having considered the evidences on record, the learned Tribunal held that the deceased himself was negligent to the extent of 30% and while the driver of the truck bearing registration no.GJ-8-U-1017 was negligent to the extent of 70%. The learned Tribunal has awarded a total sum of Rs.3,88,800/- and out of the said amount, 30% of the awarded amount was deducted on account of self-negligence of the deceased and exonerated the respondent nos.3 and 4; however, the respondent nos.1 and 2 i.e. the owner and the insurance company of the